An ordinance
to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of
The Metropolitan Government of Nashville and Davidson County, by making applicable
the provisions of a Planned Unit Development district located at 3101 and 401
McIver Street, to permit an existing 1,547 square foot used vehicular sales
facility and for additional vehicular sales area and parking, all of which is
described herein, (Proposal No. 2005P-009U-11).

NOW, THEREFORE,
BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND
DAVIDSON COUNTY:

Section 1. That
Title 17 of the Code of Laws of The Metropolitan Government of Nashville and
Davidson County, is hereby amended by changing the Official Zoning Map for Metropolitan
Nashville and Davidson County, which is made a part of Title 17 by reference,
as follows:

By making applicable
the provision of a Planned Unit Development district to property located at
3101 and 401 McIver Street, to permit an existing 1,547 square foot used vehicular
sales facility and for additional vehicular sales area and parking, as being
Property Parcel Nos. 102, 103, as designated on Map 133-01 of the Official Property
Identification Maps of The Metropolitan Government of Nashville and Davidson
County, all of which is described by lines, words and figures on the plan that
was duly considered by the Metropolitan Planning Commission, and which is on
file with the Metropolitan Planning Department and made a part of this ordinance
as though copied herein.

Section 2. Be it
further enacted, that the Metropolitan Clerk is hereby authorized and directed,
upon the enactment and approval of this ordinance, to cause the change to be
made on Sheet No.133 of said Official Zoning Map for Metropolitan Nashville
and Davidson County, as set out in Section 1 of this ordinance, and to make
notation thereon of reference to the date of passage and approval of this amendatory
ordinance.

Section 3. Be it
further enacted, that this ordinance take effect immediately after its passage
and such change be published in a newspaper of general circulation, the welfare
of The Metropolitan Government of Nashville and Davidson County requiring it.

I move to amend
Ordinance No. BL2005-688 by renumbering Section 3 as Section 4 and adding the
following new Section 3:

Section 3. Be it
further enacted, that the following conditions shall be applicable to this Planned
Unit Development district:

" The business
activity on the premises shall be limited to the sale of automobiles, motorcycles,
and boats. The sales of any other goods or services relating to the engine and/or
body repair of automobiles or other vehicles shall be prohibited. All vehicles
offered for sale shall be roadworthy and capable of turnkey starting and driving
upon inspection. No wrecked vehicles shall be kept on premises or off premises
in the near vicinity.
" No painting or body repair to any vehicle shall be allowed on the premises.
" No engine repair shall be allowed on premises.
" Permanent masonry fencing along Ms. Berryhill's property line (western
Boundary) shall be where the exiting wooden fence is located. This requirement
is in keeping with the final ruling in Davidson County Chancery Court in Smith
vs. Berryhill, Docket No. 86-1786-I wherein Chancellor Irwin Kilcrease determined
that the property to the west of the old existing fence line was actually property
of Mr. And Mrs. Berryhill, regardless of the surveys presented in Court to the
contrary. This requirement regarding the placement of the masonry fence shall
inure to the benefit of all successors in interest to Ms. Berryhill's real property.
" Absolutely no razor or barbwire to be used upon the premises.
" Fencing along the perimeter abutting currently zoned residential properties
shall consist of an 8-foot tall masonry wall built of either brick or split
faced block with the decorative side facing the residential side of the abutting
property owners. This wall shall be maintained by the property owner in good
and attractive condition, and free of graffiti.
" Landscaping shall be installed and maintained as required by the Metropolitan
Code of Laws and the Urban Forrester.
" Low lux lighting shall be used and positioned so as not to shine into
the residences on McIver and Patterson.
" Dumpster shall be emptied between the hours of 7 a.m. and 7 p.m only.
" A Final Landscaping plan shall be submitted as part of the Final PUD
approval.
" No vehicles belonging to owner or customers or employees shall be parked
along the perimeter of the business on McIver and through the adoption of this
PUD, the owner agrees not to object to any placement of "No Parking"
signs by Metro along those areas.
" The property owner agrees that vehicles shall not be test driven at any
time in the residential neighborhoods surrounding the premises. All test-driving
shall be done on Nolensville Pike.
" No signage shall be allowed other than that currently in existence and
is located upon the brick building. One small freestanding sign is allowed near
the street, not to exceed 6 foot by 8 foot in size. The Low Lux lighting requirement
also applies to signage lighting. Absolutely no billboards shall be allowed.
" Customer parking shall be marked "customer only" on the interior
pavement and shall consist of at least 20 parking places.
" No music shall be placed upon the premises that can be heard beyond the
perimeter of the property.
" All of the exterior premises, other than landscaped areas and the existing
building, shall be paved.
" The Metropolitan applicant acknowledges that the installation of sidewalks
along McIver Street may be required by the Metropolitan Code of Laws at the
time of final PUD approval.
" The area currently zoned residential shall not be used for any reason
until a final approval is obtained by the Planning Commission as to the satisfaction
of the conditions herein.
" The failure to abide by the conditions in this document shall result
in a revocation of the use and occupancy permit for the premises.